Kaine proposal: extend state benefits to domestic partners, other adults

A plan being discussed within Gov. Timothy M. Kaine's (D) administration to extend state health benefits to "other qualified adults," including adult children, domestic partners (heterosexual or homosexual) and in-laws who reside with covered Virginia employees, has the potential to create friction between the outgoing governor and Gov.-elect Bob McDonnell (R).

An article about the proposed regulation -- Kaine administration officials say it wouldn't increase state costs -- appeared in today's Virginian-Pilot. (A summary of the proposed regulation can be seen here.) At the moment, McDonnell's people say they've just learned about the idea and are analyzing it.

But recent history shows the current and future governor haven't always agreed on policies related to domestic partners.

Kaine's first executive order as a newly elected governor in 2006 was an anti-discrimination policy that included the term "sexual orientation" under its protected categories.

Then-Attorney General McDonnell responded with an official opinion arguing that the governor's order overstepped his authority and was unconstitutional.

The two were also on opposite sides of the 2006 debate about the marriage amendment that defined such unions as being between one man and one woman in the state constitution.

Hoping for a positive reception from McDonnell on the health benefits issue (the incoming governor has the final say on the proposal), stakeholders involved in the discussions are trying to shape the regulation's language to reflect a 2007 Attorney General's opinion he issued stating the University of Virginia could grant gym memberships to domestic partners of students or employees.

UPDATE: During a Thursday morning news conference in Richmond, McDonnell said he hasn’t formed an opinion on the proposed regulatory change.

“I only saw that proposal this morning,” McDonnell said. “I was not aware of that beforehand and haven’t had time to study it. My first question is ‘what is the cost to the state?’”

McDonnell said he doesn't see any "sinister" or political motives in the timing of the health care push during Kaine's final weeks in office.

-- Julian Walker

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